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PIGEONNETWORK.COM - TERMS OF SERVICE (TOS)
1.
INTRODUCTION
Pigeonnetwork.com is the website address of Pigeon Network,
The pigeonnetwork.com website ("the Site") and
services are offered to you upon condition of your acceptance
without modification of the terms and conditions ("the
TOS") below. By viewing and using the Site you are
deemed to consent to the TOS. Please therefore read this
agreement carefully as it sets out your rights and obligations
with respect to the use of the Site and its services. By
using any of the services offered by pigeonnetwork.com,
you ("the User") are deemed to warrant that you
are 18 years or over.
Use of particular services offered by pigeonnetwork.com
may be subject to additional terms and conditions, which
are outlined at the end of the TOS. The current list of
such services is:
If you
are using the services in the course of your business, trade
or profession ("the Commercial User") you are
subject to the additional terms and conditions provided
in Clause 30.
2.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
P igeonnetwork.com provides free access to parts of its
site, and also provides subscription services, and in particular
but without limitation, an E-mail service which is owned
and operated by pigeonnetwork.com ("the Services").
The Services are provided to the User under the terms and
conditions of the TOS and any operating rules or policies
that may be published from time to time by pigeonnetwork.com.
The TOS comprise the entire agreement between the User and
pigeonnetwork.com and supercede all prior agreements between
the parties. You may also be subject to additional terms
and conditions when you use affiliate or third party services.
3.
ACCESS TO THE SERVICES
The User must:
(a) provide all equipment, including a computer and modem,
necessary to establish a connection to the Web;
(b) provide for the User's own access to the Web and pay
any telephone or other connection and service fees associated
with such access;
(c) pay the Services fees where applicable as determined
by pigeonnetwork.com from time to time.
4.
MODIFICATIONS OF TERMS OF SERVICE
Pigeonnetwork.com reserves the right to modify the terms
and conditions of the TOS at any time and at its sole discretion
and without notice to you. It is the responsibility of the
User to regularly review the TOS for modifications. By continuing
to use the Services, the User agrees to be bound by the
amended TOS.
5.
PERSONAL INFORMATION
Some Services may require the User to supply certain personal
information. In consideration for the use of the Services,
the User agrees to:
(a) provide true, current, complete, and accurate information
about the User as prompted to do so by the Services, and
(b) maintain and promptly update this information as required
to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not
current, incomplete or inaccurate, or pigeonnetwork.com
has reasonable grounds to suspect that such information
is untrue, not current, incomplete or inaccurate, pigeonnetwork.com
has the right to suspend or terminate your use of the Services.
All information requested on original sign up shall hereafter
be referred to as "Registration Information".
This Registration Information will be retained by pigeonnetwork.com,
and any of its co-branding partners if applicable, for no
longer than is necessary to provide the Services to the
User.
Unless the User has agreed to the use of the Registration
Information for direct marketing purposes by pigeonnetwork.com,
its co-branding partners or selected third parties, pigeonnetwork.com
agrees to use the Registration Information only for the
purpose of supplying the Services to the User. Users who
have agreed to the use of the Registration Information for
direct marketing purposes may "opt-out" in writing
at any time. pigeonnetwork.com does not make any representation
or warranty with respect to the content of any direct marketing
messages or any goods or services which may be obtained
from such third parties, and the User agrees that pigeonnetwork.com
shall not have any liability with respect thereof.
pigeonnetwork.com reserves the right to disclose the Registration
Information if required to do so by law or if it believes
in good faith that any such disclosure is reasonably necessary
for the administration of justice; to enforce the TOS; to
respond to any complaint received regarding the rights of
third parties; or to protect the rights, property, or personal
safety of pigeonnetwork.com, its users and the public.
6.
USER ACCOUNT, PASSWORD, AND SECURITY
The User is entirely responsible for maintaining the confidentiality
of the User's password and account, and for any and all
activities which occur under the User's account or password.
The User agrees to immediately notify pigeonnetwork.com
of any unauthorised use of the User's account, password,
or any other breach of security known to the User. pigeonnetwork.com
will not be liable for any loss that the User may incur
as a result of someone else using or accessing the User's
password or account, either with or without the User's knowledge.
However the User may be held liable for losses incurred
by pigeonnetwork.com or any other party as a result of someone
else using or accessing the User's password or account.
The User will not use anyone else's account at any time
without the permission of the account holder. The User may
change his/her password or profile by following instructions
on the Site.
7.
PRIVACY POLICY
The User may view the privacy policy at the bottom of this
page..
8.INFORMATION
REQUIRED BY LAW
Pigeonnetwork.com is required by law to provide the User
with the following information:
(a). pigeonnetwork.com is a website address.
(b). Written confirmation of subscription to any of the
Services shall be provided to the User at the e-mail address
supplied during registration. The User has a period of seven
working days from the date of registration to withdraw from
subscription without penalty and without giving any reason
by giving notice in writing. Following that period the User
can cancel subscription at any time by giving notice in
writing without prejudice to any rights that may have accrued
to pigeonnetwork.com.
9.
NOTICE
All notices to a party shall be in writing and shall be
made either via online announcements, e-mail, or conventional
mail. pigeonnetwork.com may broadcast notices or messages
through the Services and such broadcasts shall constitute
notice to the User.
10.
PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that content, including but not limited
to text, software, music, sound, photographs, video, graphics
or other material (the "Content") contained in
either sponsor advertisements, or Internet-distributed,
commercially produced information presented to the User
by the Site or Services, by pigeonnetwork.com, pigeonnetwork.com's
advertisers, or other pigeonnetwork.com Users may be protected
by copyrights, trademarks, patents or other proprietary
rights and laws. The User is only granted a limited personal
licence for the User's own personal, non-commercial use
for the Site and Services unless expressly otherwise authorised
by pigeonnetwork.com and in particular is only granted a
limited personal licence to refer to, bookmark or point
to any page within the Site, or to download the Content
to a single personal computer or to make a printout in respect
of a single copy of the Content for personal reference.
All copyright and other proprietary notices in the materials
must be left intact. The User may not copy, reproduce, distribute,
or create derivative works from the Content without expressly
being authorized to do so by the relevant copyright owner.
11.
USER CONDUCT
(a)The User understands that all information, data, text,
software, music, sound, photographs, graphics, video, messages
or other materials ("Material"), whether publicly
posted or privately transmitted, are the sole responsibility
of the person from which such Material originated. This
means that the User, and not pigeonnetwork.com, are entirely
responsible for all Material that the User uploads, posts
or otherwise transmits via the Services. pigeonnetwork.com
does not control Material posted via the Services and, as
such, does not guarantee the accuracy, integrity or quality
of such Material. The User understands that by using the
Services, the User may be exposed to Material that is offensive,
indecent or objectionable.
(b)The User agrees to not use the Services to:
i.upload, post or otherwise transmit any Material that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libellous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
ii.harm minors in any way;
iii.impersonate any person or entity, including, but not
limited to, an pigeonnetwork.com official, forum leader,
guide or host, or falsely state or otherwise misrepresent
an affiliation with a person or entity;
iv.forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Material transmitted
through the Services or develop restricted or password-only
access pages, or hidden pages or images (those not linked
to from another accessible page);
v.upload, post or otherwise transmit any Material that the
User does not have a right to transmit under any law or
contractual or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under non-disclosure
agreements);
vi.upload, post or otherwise transmit any Material that
infringes any patent, trademark, trade secret, copyright
or other proprietary right of any party;
vii.upload, post or otherwise transmit any unsolicited or
unauthorised advertising, promotional materials, "junk
mail," "Spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
viii.upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files
or programmes designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
ix.disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Services
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
x.interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Services;
xi.intentionally or unintentionally violate any applicable
local, state, national or international laws or regulations;
xii."stalk" or otherwise harass another;
xiii.collect or store personal data about other users;
xiv.promote or provide instructional information about illegal
activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons, and
creating "Crush" sites;
xv.attempt to gain unauthorised access to any pigeonnetwork.com
site or service, other User accounts, computer systems or
networks connected to any pigeonnetwork.com site or service,
through hacking, password mining or any other means;
xvi.create a false identity for the purpose of misleading
others.
12.
INDEMNIFICATION
The User agrees to indemnify, defend (at pigeonnetwork.com's
request), and hold pigeonnetwork.com, its parent, subsidiaries,
affiliates, officers and employees, harmless from any claim
or demand, including reasonable legal expenses, made or
brought by any third party due to or arising out of the
User's use of the Services or any part thereof, the violation
of these TOS or any provision therein by the User, or the
infringement or misappropriation by the User, or a third
party using the User's computer, of any account or password
to access and/or use the Services, or of any intellectual
property rights of any person or entity, or the use or misuse
by the User or third parties of the User's passwords or
accounts.
13.
MONITORING
pigeonnetwork.com has no obligation to monitor the Services
but reserves the right to do so and to remove any Content
or Material at its sole discretion at any time without notice.
14.
COMPLAINTS PROCEDURE
Any abuse of the Services, including but not limited to
the violation of these TOS or any provision therein, or
the infringement or misappropriation by any User, or a third
party using a User's computer, of any account or password
to access and/or use the Services, or of any intellectual
property rights of any person or entity, or the use or misuse
by any User or third parties of a User's passwords or accounts,
should be reported immediately to pigeonnetwork.com at info@pigeonnetwork.com
15.
MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES
pigeonnetwork.com reserves the right at its sole discretion
to modify or discontinue the Site or Services, or any portion
thereof, at any time, with or without notice to the User.
pigeonnetwork.com shall not be liable to the User or any
third party should pigeonnetwork.com exercise its right
to modify or discontinue the Site or Services. No refunds
will be granted to any Users who have paid Services fees
in this instance.
16.TERM
AND TERMINATION
(a). pigeonnetwork.com reserves the right to terminate all
or part of the Services at any time without notice, and
without issuing any refunds if the User is in breach of
the TOS. pigeonnetwork.com shall not be liable to the User
or any third party for any loss or damage howsoever arising
from the termination of the Services or any part thereof.
(b). pigeonnetwork.com reserves the right to terminate User
accounts following the expiry of the subscription period
and to delete all information and files on these accounts
if the User does not renew the subscription. The User can
renew the subscription within 14 days only, following the
expiry of the subscription period. After this 14 day period
the User who has not renewed his / her subscription will
not be able to access his / her account and all data and
information relating to the account will be deleted. The
Username will subsequently be made available for purchase
by a different User. If the User seeks to renew an expired
subscription and account, pigeonnetwork.com, at its sole
discretion, may allocate a new account to the User.
17.
THIRD PARTIES
(a). Advertising
pigeonnetwork.com may serve advertisements to the Site or
work with a third party to serve the advertisements. Advertisements
placed on the Site may include but are not limited to banner
ads, paid links, pop-up windows, buttons, and sponsorships.
The User agrees that pigeonnetwork.com has the right to
run such advertisements and promotions.
pigeonnetwork.com does not control the content of these
services which is supplied by third parties and the inclusion
of content does not imply endorsement of the third party
by pigeonnetwork.com or any association with that third
party. User correspondence or business dealing with, or
participation in promotions of, advertisers or third parties
found on or through the Site or Services, including payment
for and delivery of related goods or services, and any other
representations associated with such dealings, are solely
between the User and such advertiser or third party. The
User agrees that pigeonnetwork.com shall not be responsible
or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the
presence of such advertisers or third parties on the Site
or Services.
(b). E-mail Marketing
pigeonnetwork.com and/or third parties may, from time to
time, send e-mail messages to the User containing advertisements,
special promotions, and other marketing subject to the User's
permission. The User must decide to "opt-in" to
our e-mail messages during the registration process or through
a link on the pigeonnetwork.com site if they wish to receive
any e-mail services, newsletters, special promotions or
other marketing materials ("Opt-in E-mail Programmes").
pigeonnetwork.com has the right to partner with any e-mail
marketers to provide these Opt-in E-mail Programmes. User
correspondence or business dealing with advertisers or third
parties found on or through the Opt-in E-mail Programmes,
including payment for and delivery of related goods or services,
and any other representations associated with such dealings,
are solely between the User and such advertiser or third
party. The User agrees that pigeonnetwork.com shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings.
(c). Links
The Site or Services may contain images of and links to
third party websites ("Linked Sites"). Linked
Sites are not under the control of pigeonnetwork.com and
the User agrees that pigeonnetwork.com is not responsible
for the content of any Linked Sites. The inclusion of a
link does not imply endorsement of the Linked Sites by pigeonnetwork.com
or any association with its owners or operators. User correspondence
or business dealing with advertisers or third parties found
on or through Linked Sites, including payment for and delivery
of related goods or services, and any other representations
associated with such dealings, are solely between the User
and such advertiser or third party. The User agrees that
pigeonnetwork.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such
advertisers or third parties on the Site or Services.
18.
DISCLAIMER OF WARRANTIES
(a). pigeonnetwork.com provides the Site and Services on
an "as is" and "as available" basis,
and the User uses the Site and Services at his/her sole
risk.
(b). pigeonnetwork.com shall not be responsible for the
effect or result of the introduction or entry of any virus
into the Site and /or one or any of the Services.
(c). pigeonnetwork.com makes no warranty that the Site or
Services will meet the User's requirements; nor that the
Site or Services will be uninterrupted, timely, secure,
or error free; nor does pigeonnetwork.com make any warranty
as to the results that may be obtained from the use of the
Site or Services; nor as to the accuracy or reliability
of any information obtained through the Site or Services;
nor that defects in the Site or Services will be corrected.
(d). pigeonnetwork.com expressly disclaims all warranties
of any kind insofar as is permissible by law, whether express,
implied or statutory, including, but not limited to, the
implied warranties of title, merchantability, fitness for
a particular purpose and non-infringement.
(e). The User understands and agrees that any Content and/or
Material downloaded or otherwise obtained through the use
of the Site or Services is done at the User's own discretion
and risk. pigeonnetwork.com is not responsible for any damage
to the User's computer system or loss of data that results
from the download of such Content and/or Material.
(f). pigeonnetwork.com makes no warranty regarding any goods
or services purchased or obtained through the Site or Services
or any transactions entered into through the Site or Services.
(g). If the User uses the E-mail service for business purposes,
pigeonnetwork.com accepts no responsibility for deletion,
corruption or failure to store messages or content maintained
or transmitted by the service. pigeonnetwork.com accepts
no responsibility for any interruption of business as a
direct or indirect result of the Site or Services.
(h). No advice or information, whether oral or written,
obtained by the User from pigeonnetwork.com shall create
any warranty not expressly made herein.
19.
LIMITATION OF LIABILITY
pigeonnetwork.com shall not be liable for any loss of use,
interruption of business, or any direct or indirect, special,
incidental, or consequential damages of any kind (including
but not limited to lost profits) regardless of the form
of action, whether in contract, tort (including negligence),
strict product liability, or otherwise, even if pigeonnetwork.com
has been advised of the possibility of such damages, howsoever
arising, out of use of the Site or Services.
20.
LAW
The TOS shall for all purposes be governed by and interpreted
in accordance with the laws of the UK and Ireland. The User
and pigeonnetwork.com agree to submit to the exclusive jurisdiction
of the courts of the UK and Ireland. The place of performance
of this Agreement shall be within the UK or Ireland.
21.
ASSIGNMENT
No right may be assigned, and no duty may be delegated,
by the User under this Agreement except upon the written
consent of pigeonnetwork.com and any attempted assignment
and delegation without such consent shall be void and without
effect. pigeonnetwork.com shall be entitled to assign this
agreement. This TOS shall be binding upon and shall endure
to the benefit of the parties hereto and their respective
representatives, heirs, administrators, successors and permitted
assigns except as otherwise provided herein.
22.
NO AGENCY
Neither party is, nor will it be deemed to be, an agent
or legal representative of the other party for any purpose.
Neither party will be entitled to enter into any contracts
in the name of or on behalf of the other party, and neither
party will be entitled to pledge the credit of the other
party in any way or hold itself out as having authority
to do so.
23.
SEVERABILITY
If any of the provisions of this agreement is found by an
arbitrator, court or other competent authority to be void
or unenforceable, it shall be deemed to be deleted from
this agreement and the remaining provisions shall continue
to apply. The parties shall negotiate in good faith in order
to agree the terms of a mutually satisfactory provision
to be substituted for the provision found to be void or
unenforceable.
24.
WAIVER
Any waiver (express or implied) by either party of any breach
of this TOS shall not constitute a waiver of any other or
subsequent breach. No provision of the TOS will be waived
by any act, omission or knowledge of a party or its agents
or employees except by an instrument in writing expressly
waiving such provision and signed by a duly authorised officer
of the waiving party. In particular but without prejudice
pigeonnetwork.com's failure to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of
such right or provision unless acknowledged and agreed to
by pigeonnetwork.com in writing.
25.
TITLES
The section titles in the TOS are solely used for the convenience
of the parties and have no legal or contractual significance.
ADDITIONAL
TERMS AND CONDITIONS FOR PARTICULAR SERVICES
26.
NEWS DIGEST
This free subscription service is provided for informational
services only and pigeonnetwork.com makes no warranty as
to the accuracy and reliability of any information obtained
through this service or that defects in the service will
be corrected.
26.
E-MAIL
The User agrees to use the E-mail service for personal,
non-commercial use only. The User agrees that pigeonnetwork.com
may establish limits on the use of the E-mail service, including
but not limited to the number of days that e-mails will
be retained by the service, the number of e-mails that may
be sent from or received by an account, the maximum size
of an e-mail message that may be sent from or received by
an account, the maximum storage space available to an account
and the maximum number of times and duration the User can
access the service in any given period of time.
The User agrees that pigeonnetwork.com has no responsibility
or liability for the deletion of or failure to store any
messages, communications or other content and acknowledges
that pigeonnetwork.com has the right to remove accounts
that are inactive for an extended period of time.
pigeonnetwork.com will immediately terminate any account
which it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited
bulk e-mail.
In the event of termination of the User's account for any
reason whatsoever there is no obligation on pigeonnetwork.com
to forward any unread or unsent messages to the User or
a third party.
27.
PREMIUM NEWS SERVICE
The content of this service, which includes without limitation
text and WAP updates, is provided for informational purposes
only and pigeonnetwork.com makes no warranty as to the accuracy
or reliability of any information obtained through the service
or that defects in the service will be corrected. In particular,
but without limitation, pigeonnetwork.com shall not be responsible
or liable for any trading or investment decisions made based
on such information.
38.
ADDITIONAL TERMS AND CONDITIONS FOR THE COMMERCIAL USER
The Commercial User agrees to pay the Commercial User Services
fees where applicable as determined by pigeonnetwork.com
from time to time.
The Commercial User agrees not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
any portion of the Content without expressly being authorised
to do so by the relevant copyright owner.
The
Commercial User also agrees not to use an pigeonnetwork.com
e-mail address in any way that may imply or otherwise suggest
endorsement by or partnership with pigeonnetwork.com or
any associated brands or companies and further agrees not
to use an pigeonnetwork.com e-mail address for the purposes
of any business trade or profession which may or in any
other way which may bring pigeonnetwork.com or any associated
brands or companies into disrepute.pigeonnetwork.com accepts
no responsibility for any interruption or loss of business
arising as a direct or indirect result of the Site or Services.
©
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